Nobody should lose a loved one because of someone else’s negligent or intentional conduct. However, when this happens, certain survivors of the decedent have a right to file a wrongful death lawsuit. This allows the family to recover a number of different damages.
Successfully pursuing a wrongful death claim will require compassionate legal counsel who understands your emotional and financial struggles in the wake of an untimely death. Find out how the Houston wrongful death lawyers of Sherman Law Firm can serve you and your family.
What Is Wrongful Death?
When someone is negligent or acts in an irresponsible manner, and they cause injury to someone else, the victim has the right to file a personal injury lawsuit. A wrongful death claim is like an extension of personal injury, available if the victim passes away. It allows survivors of the deceased victim to seek certain monetary damages.
These lawsuits exist because the law recognizes both the personal and financial losses that grieving family members experience when their loved one dies because of someone’s wrongful conduct. They are separate from criminal proceedings, which are aimed at punishing the offending party.
Who Can File a Wrongful Death Lawsuit?
Only eligible individuals who survive the victim can file a wrongful death lawsuit. In Houston, these include the following persons:
- Spouse
- Children
- Parents
These immediate family members must file within three months of the victim’s death, after which the decedent’s estate will have to file on behalf of the estate.
What Is the Deadline to File?
Plaintiffs do not have an unlimited amount of time to pursue a wrongful death action in Texas. Thanks to what is known as the statute of limitations, there is a deadline of two years from the date of death to file. A lawsuit that is filed after this date will likely get dismissed.
However, it is strongly advised that plaintiffs do not wait until close to the two-year mark. Memories can fade, witnesses can be hard to locate, and evidence can be lost. Meet with an experienced Houston wrongful death lawyer who can guide and advocate for your family.
What Damages Are Available?
In most wrongful death cases, plaintiffs can seek what are known as compensatory damages. As the name implies, these are designed to compensate family members for losses related to the death. Compensatory damages fall into two categories:
- Economic: These are so named because the calculation of a dollar amount is relatively straightforward and objective.
- Non-economic: The damages included in this category are more subjective and generally compensate families for their emotional, mental, and social injuries.
These are some of the most commonly requested compensatory damages in Houston wrongful death cases:
- Funeral and burial expenses
- Lost income the decedent would have earned had they survived
- Loss of inheritance, including what the decedent could have passed on to heirs had they lived
- Lost love, companionship, and comfort
- Loss of household services, support, maintenance, and care
- Mental and emotional pain and suffering
In some cases, victims can also seek punitive damages which are intended to punish and deter the wrongful conduct. These are only available in cases of extreme negligence or intentional behavior.
How a Houston Wrongful Death Attorney Can Help You
Our firm understands the trauma that you and your family are experiencing after losing your loved one. That’s why we represent victims’ families with the compassion, dedication, and professionalism they deserve during this difficult time. When you retain us to represent you, we get to work by:
- Investigating the cause of the wrongful death
- Identifying the at-fault parties
- Determining the monetary value of your damages
- Retaining the services of expert witnesses who can assist with your case
- Negotiating with the at-fault parties’ insurers and lawyers to attempt to reach a settlement
- Filing a wrongful death lawsuit, if necessary, and serving it on the defendants
- Taking your case to trial if the parties cannot reach a settlement
If you lost your loved one in Houston due to negligence or intentional misconduct, it’s time to explore your legal options. Connect with Sherman Law Firm today to get started with your case.